03 January

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The Six Different Types of Music Licenses

Whether you're a content creator looking to find the perfect music for your videos or a company planning to use music in commercials, incorporating music legally and effectively is essential. Music can set the tone, evoke emotion, and strengthen your brand identity, but navigating music licensing can be challenging. In this guide, we’ll walk you through the basics of music licensing, its importance, and the various types of licenses available to ensure you can confidently and legally use music in your projects....

03 January

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The arrival of a new set of copyrighted works entering the public domain

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Every January since 2019, people in the U.S. have celebrated the arrival of a new batch of previously copyrighted works entering the public domain. These works, now free for anyone to publish, modify, and adapt without requiring permission or paying royalties, include a diverse range of creative materials. For filmmakers, writers, and creators, this moment unlocks exciting opportunities to reimagine and transform beloved classics into fresh works for modern audiences....

02 January

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Understanding the Nuances of Music Clearance

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Music supervisors are responsible for selecting the right music for a project and ensuring it fits the creative vision. They collaborate with filmmakers, producers, and other creatives to choose music that complements the project. However, lawyers handle the legal side—negotiating licensing agreements, ensuring all rights are cleared, and preventing legal disputes....

02 January

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EB1A for Filmmakers

Posted by Ernest Goodman

in Entertainment Law, Immigration Law

While meeting three of the ten criteria is a necessary step to qualify for the EB1-A visa, it is not always as straightforward as it may sound. The Kazarian case clarified that it’s not simply about checking off three categories; the evidence must demonstrate that the applicant is truly extraordinary in their field. Filmmakers who have achieved significant accomplishments, received recognition from prestigious institutions, and made lasting contributions to the industry may be eligible for an EB1-A visa....

03 December

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How a Project-Specific LLC Can Help in Independent Film Production Under New York Law

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Today we will talk about how to properly classify workers for independent film production under New York law. One of the key legal considerations for filmmakers is whether your crew, director, and screenwriters should be classified as employees or independent contractors. While New York does not use California’s AB-5 law or its stringent ABC Test, it relies on the common law of agency to determine worker classification. This makes it essential for filmmakers to carefully structure contracts and production arrangements to avoid misclassification issues....

03 December

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How a Project-Specific LLC Can Help in Independent Film Production in California

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....

07 March

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How New AB-5 Law Affects the Entertainment Industry in California

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

28 December

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Common Law Trademarks

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Imagine this scenario: You start a film production company in California and use a distinctive name for your business over several years. By consistently operating under this specific name, you naturally acquire common law trademark rights. These rights play a crucial role in protecting your business's identity. They essentially prevent other film production companies in the same geographical area from using an identical or confusingly similar name. This form of protection is grounded in unfair competition laws, which are designed to avoid confusion among consumers and safeguard the reputation and brand recognition you've established for your film production company....

22 December

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Screenplay Scam: The Risk of Upfront Payments to Producers, Agents, and Managers

Posted by Ernest Goodman

in Entertainment Law

In my recent interactions with new filmmakers, I've observed a concerning trend involving management contracts. These filmmakers approach me to review contracts they've been offered, which often require substantial upfront payments — typically $2,000 or more. Novice filmmakers have been approached by individuals, usually with some experience in film, who offer these services. Let's refer to them as "individuals." These contracts, supposedly for managerial services, promise to find financiers and sell screenplays, especially at prestigious venues like the American Film Market (AFM) or the Cannes Film Festival. However, these promises often verge on being scams....

19 December

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Tips for film distributors

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Legal Advice

In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....